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HORN v. NESTOR

810002/13, 9509NB, 9509NA, 9509N, 9509NC.

172 A.D.3d 659 (2019)

2019 NY Slip Op 04300

Steven C. Horn, Respondent, v. Marianne Nestor, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 30, 2019.

Supreme Court did not abuse its discretion by denying leave to amend the answer, as the proposed affirmative defenses and counterclaims lacked merit based on the evidence adduced during discovery (see Bag Bag v Alcobi, 129 A.D.3d 649, 649 [1st Dept 2015]). Granting defendant's second motion to amend would also prejudice plaintiff, as the original answer submitted over four years beforehand did not challenge the contractual condition...

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